COLLECTOR L.A.C.MANDI Vs. KARAM SINGH

JUDGEMENT

(1.) This is a batch of 28 appeals filed under Section 54 of the Land Acquisition Act, 1894 by the State of Himachal Pradesh and land Acquisition Collector These appeals arise out of separate awards dated 3.1.1992, 27.11.1991,6.3.1992,27.3.1992, 30.3.1992, 10.4.1992, 18.4.1992, 31.3.1992, 19.6.1992, 13.5.1992, 23.4.1992, 11.5.1992, 16.4.1992, 22.8.1991, 27.5.1992, 20.6.1990, 21.10.1992, 28.10.1992, 14.1.1993, 29.3.1993, 12.3.1993, 27.5.1993, 6.7.1993 and 24.5.1993 respectively rendered by the District Judges and Additional District Judges, Mandi, Jullu, Shimla and Kangra in different Land Reference Cases whereby the amount of compensation has been enhanced for the land and trees/plants in favour of the respondents claimants and against the appellants. The facts and law involved in the present appeals are identical and the learned counsel appearing for the respective parties advanced their arguments in common and, therefore we propose to decide these appeals by this common judgment.

(2.) The facts giving rise to these appeals may briefly be stated: - The State of Himachal Pradesh intended to acquire the land of the respondents -claimants for construction of road in Districts Mandi, Kullu Shimla and Kangra, Notification under section 4 of the Land Acquisition Act, 1894 were issued on different dates. The lands involved in the acquisition were of different categories. The Land Acquisition Collector had taken up the proceedings of acquisition and assessed the market value of the acquired lands at different rates and for trees/fruit bearing plants separately.

(3.) The respondents -claimants feeling aggrieved against inadequacy of the amount of compensation filed petitions under Section 18 of the Land Acquisition Act claiming enhancement of the compensation of their lands and trees/fruit bearing plants on the grounds that the Market value of the acquired lands was much more than what has been awarded by the Land Acquisition Collector. The reference applications came to be heard and decided by the District Judges and Additional District Judges.